Prescott et al v. County of Stanislaus et al

Filing 47

STIPULATION and ORDER to Modify Pretrial Scheduling Order signed by Judge Oliver W. Wanger on 5/19/2012. (Non-Expert Discovery Deadline: 9/30/2011; Designation of Expert Witnesses due by 10/21/2011; Expert Discovery due by 12/23/2011; Non-Dispositive Motions filed by 12/30/2011; Settlement Conference set for 1/13/2012 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston; Dispositive Motions filed by 1/23/2012; Non-Dispositive Motions Hearing set for 1/27/2012 at 9:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston; Dispositive Motions Hearing set for 2/20/2012 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Pretrial Conference set for 4/2/2012 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 5/15/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)

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A PROFESSIONAL CORPORATION
Terence J. Cassidy, SBN 99180
Kristina M. Hall, SBN 196794
Ashley M. Wisniewski, SBN264601
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
Attorneys for Defendants, COUNTY OF STANISLAUS; Sheriff ADAM CHRISTIANSON,
in his individual capacity; SGT. CHAD BLAKE; DEPUTY GARY LAKE; DEPUTY
ADAM VOORTMAN; DEPUTY SHAUN MURPHY; DEPUTY BRIAN MUNGUIA;
DEPUTY SANTOS DE LOS SANTOS; DEPUTY RICHARD AZIZ; and DEPUTY JOHN
BOY PALARCA

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RACHEL PRESCOTT, individually and
as Guardian Ad Litem for minor plaintiffs
A.P., C.P., R.P., T.P., Y.P., and M.P.; and
MARILYN PRESCOTT,

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Case No. 1:10-CV-00592-OWW-JLT
STIPULATION AND ORDER TO
MODIFY PRETRIAL SCHEDULING
ORDER

Plaintiffs,

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vs.

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v. COUNTY OF STANISLAUS, Sheriff
A D A M CHRISTIA N SO N , in his
individual capacity; CALIFORNIA
FORENSIC MEDICAL GROUP, INC.,
Sgt. CHAD BLAKE; Deputy GARY
LAKE; Deputy ADAM VOORTMAN;
Deputy SHAUN MURPHY; Deputy
BRIAN MUNGUIA; Deputy SANTOS
DE LOS SANTOS; Deputy RICHARD
AZIZ; Deputy JOHN BOY PALARCA;
PA TR IC IA SPU R G EO N , R .N .;
AMANDA GIBSON, F.N.P.; DR. JOHN
BAKER.

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Complaint Filed:
First Amd Compl. Filed:
Trial:

04/06/2010
04/19/2011
03/06/2012

Defendants.
/

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PORTER * SCOTT

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ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0
SACRAM EN T O , CA 95825

STIPULATION AND ORDER TO M ODIFY PRETRIAL SCHEDULING ORDER

T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

00890620.WPD

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs RACHEL

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PRESCOTT, A.P., C.P., R.P., T.P., Y.P., M.P. and MARILYN PRESCOTT, and Defendants

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COUNTY OF STANISLAUS, Sheriff ADAM CHRISTIANSON, Sgt. CHAD BLAKE,

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Deputy GARY LAKE, Deputy ADAM VOORTMAN, Deputy SHAUN MURPHY, Deputy

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BRIAN MUNGUIA, Deputy SANTOS DE LOS SANTOS, Deputy RICHARD AZIZ,

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Deputy JOHN BOY PALARCA, CALIFORNIA FORENSIC MEDICAL GROUP, INC.

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PATRICIA SPURGEON, AMANDA GIBSON, and DR. JOHN BAKER, by through their

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undersigned Counsel, pursuant to USDC EDCA Local Rules 83-143 and 6-144 (d) as

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follows:

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1.

The parties respectfully request that the District Court modify the Pre-Trial

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Scheduling Order to allow sixty (60) additional days for the scheduling of deadlines, the

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Final Pretrial Conference, and Trial based on good cause appearing therefor as more fully

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set forth below.

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2.

This action arises out of alleged violations of Plaintiffs’ federal civil rights and

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state law claims against Defendants in connection with the death of Plaintiffs’ decedent,

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Craig Prescott.

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3.

The parties have been diligent in their efforts to litigate this case. Counsel for

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for the County Defendants have served written discovery, including Interrogatories and

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Requests for Production of Documents. Counsel for the CFMG Defendants have also served

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Requests for Production of Documents. Depositions are scheduled for May 5, 2011, June

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14, 2011, and June 16, 2011.

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4.

On April 19, 2011, the Complaint was amended to name eleven additional

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defendants. Based on the large number of defendants being added less than three and a half

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months before the close of discovery, all parties anticipate the need to extend discovery

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deadlines and continue the trial date in order to serve additional written discovery, conduct

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depositions, and subpoena records.

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prejudiced if additional time for discovery is not permitted.

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PORTER * SCOTT

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ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0
SACRAM EN T O , CA 95825

STIPULATION AND ORDER TO M ODIFY PRETRIAL SCHEDULING ORDER

T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

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Moreover, the newly-named defendants will be

00890620.WPD

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5.

In addition, the parties have met and conferred and tentatively agreed to engage

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in early mediation. Modification of the Pre-Trial Scheduling Order will permit additional

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time for discovery following mediation, if necessary.

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6.

Presently, non-expert discovery is scheduled to be completed on July 30, 2011,

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Expert Disclosures with reports are due to be served August 30, 2011, Expert Discovery cut

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off is October 1, 2011, Last day to File Dispositive Motions is November 14, 2011 with

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hearing date of December 12, 2011, Final Pre Trial Conference is January 23, 2012, and the

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Trial is presently scheduled to commence on March 6, 2012.

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7.

Based on the fact that eleven defendants have been added, this is a complex

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case, and there is a large amount of discovery that remains to be completed, such as

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conducting depositions and subpoenaing records, the parties request the trial date be

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continued and the Pre-Trial Scheduling order be modified accordingly. The parties have not

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sought any prior modifications.

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Therefore, the parties respectfully submit that good cause exists to amend the Pre-

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Trial Scheduling Order and therefore request modification of the Pre-Trial Scheduling Order,

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as follows:

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Last Day to Complete Non-Expert Discovery

September 30, 2011

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Last Day to Disclose Expert Witnesses

October 21, 2011

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Last Day to Disclose Supplemental/Rebuttal Experts

November 18, 2011

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Last Day to Complete Expert Discovery

December 23, 2011

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Last Day to File Non-Dispositive Motions

December 30, 2011

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Settlement Conference

January 13, 2012

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Last Day to Hear Non-Dispositive Motions

January 27, 2012

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Last Day to File Dispositive Motions

January 23, 2012

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Last Day to Hear Dispositive Motions

February 20, 2012

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Final Pre-Trial Conference

April 2, 2012

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Trial

May 15, 2012

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PORTER * SCOTT

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ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0
SACRAM EN T O , CA 95825

STIPULATION AND ORDER TO M ODIFY PRETRIAL SCHEDULING ORDER

T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

00890620.WPD

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IT IS FURTHER STIPULATED and AGREED between the parties that all other

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provisions of the Pre-Trial Scheduling Order of November 4, 2010 shall remain in effect.

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This Stipulation may be signed in counterparts and any facsimile or electronic signature shall

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be as valid as an original signature.

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IT IS SO STIPULATED.

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Respectfully submitted,
DATED: May 19, 2011

LAW OFFICES OF JOHN L. BURRIS

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By /s/ Steven R. Yourke
John L. Burris
Steven R. Yourke
Attorneys for Plaintiffs
RACHEL PRESCOTT, A.P., C.P., R.P.,
T.P., Y.P., M.P., and MARILYN
PRESCOTT
(As Authorized on 5/19/11)

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DATED: May 19, 2011
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PORTER SCOTT
A Professional Corporation

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By

/s/ Terence J. Cassidy
Terence J. Cassidy
Kristina M. Hall
Ashley M. Wisniewski
Attorney for Defendants
COUNTY OF STANISLAUS; SHERIFF
ADAM CHRISTIANSON; SGT. CHAD
BLAKE; DEPUTY GARY LAKE;
DEPUTY ADAM VOORTMAN;
DEPUTY SHAUN MURPHY; DEPUTY
BRIAN MUNGUIA; DEPUTY SANTOS
DE LOS SANTOS; DEPUTY RICHARD
AZIZ; and DEPUTY JOHN BOY
PALARCA

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DATED: May 19, 2011

TRIMBLE, SHERINIAN & VARANINI

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By /s/ Jerome M. Varanini
Jerome M. Varanini
Attorney for Defendants
CALIFORNIA FORENSIC MEDICAL
GROUP, INC. PATRICIA SPURGEON,
AMANDA GIBSON, and DR. JOHN
BAKER
(As Authorized on 5/9/11)

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PORTER * SCOTT

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ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0
SACRAM EN T O , CA 95825

STIPULATION AND ORDER TO M ODIFY PRETRIAL SCHEDULING ORDER

T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

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ORDER

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Having reviewed the above stipulation and good cause appearing therefor, IT IS

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HEREBY ORDERED that the Pre-Trial Scheduling Order of November 4, 2010, be modified

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with the new schedule as set forth above.

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IT IS SO ORDERED.
Dated:
May 19, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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PORTER * SCOTT

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ATTORNEYS
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0
SACRAM EN T O , CA 95825

STIPULATION AND ORDER TO M ODIFY PRETRIAL SCHEDULING ORDER

T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6

www.porterscott.com

00890620.WPD